South Carolina General Assembly
116th Session, 2005-2006

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A98, R118, S557

STATUS INFORMATION

General Bill
Sponsors: Senator Richardson
Document Path: l:\council\bills\dka\3225dw05.doc

Introduced in the Senate on March 2, 2005
Introduced in the House on April 19, 2005
Last Amended on May 19, 2005
Passed by the General Assembly on May 24, 2005
Governor's Action: June 1, 2005, Signed

Summary: Workers' compensation benefits of prisoners

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    3/2/2005  Senate  Introduced and read first time SJ-5
    3/2/2005  Senate  Referred to Committee on Judiciary SJ-5
   4/13/2005  Senate  Committee report: Favorable with amendment Judiciary 
                        SJ-18
   4/14/2005  Senate  Amended SJ-21
   4/14/2005  Senate  Read second time SJ-21
   4/18/2005  Senate  Read third time and sent to House SJ-31
   4/19/2005  House   Introduced and read first time HJ-19
   4/19/2005  House   Referred to Committee on Labor, Commerce and Industry 
                        HJ-19
   5/18/2005  House   Committee report: Favorable with amendment Labor, 
                        Commerce and Industry HJ-52
   5/19/2005  House   Amended HJ-76
   5/19/2005  House   Read second time HJ-77
   5/19/2005  House   Unanimous consent for third reading on next legislative 
                        day HJ-77
   5/20/2005  House   Read third time and returned to Senate with amendments 
                        HJ-7
   5/24/2005  Senate  Concurred in House amendment and enrolled SJ-37
   5/26/2005          Ratified R 118
    6/1/2005          Signed By Governor
    6/3/2005          Copies available
    6/3/2005          Effective date 06/01/05
    6/7/2005          Act No. 98

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/2/2005
4/13/2005
4/14/2005
5/18/2005
5/19/2005

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A98, R118, S557)

AN ACT TO AMEND SECTION 42-1-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION BENEFITS OF PRISONERS IN THE CUSTODY OF THE COUNTY, SO AS TO AUTHORIZE A MUNICIPALITY TO COVER PRISONERS IN CUSTODY OF A MUNICIPALITY AND TO PROVIDE COVERAGE FOR CERTAIN PRISONERS WHEN THE COUNTY OR MUNICIPALITY ELECTS TO COVER ITS PRISONERS; AND TO AMEND SECTION 42-7-65, AS AMENDED, RELATING TO THE AVERAGE WEEKLY WAGE DESIGNATED FOR CERTAIN CATEGORIES OF EMPLOYEES, SO AS TO ADD MUNICIPAL PRISONERS.

Be it enacted by the General Assembly of the State of South Carolina:

Municipal prisoners coverage under workers' compensation law

SECTION    1.    Section 42-1-500 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 42-1-500.    A county or municipality, by resolution of its governing body, may elect to cover prisoners in the custody of the county or municipality with workers' compensation benefits in accordance with the provisions of Sections 42-1-480 and 42-1-490. As used in this section, prisoners in the custody of the county include prisoners in the custody of the county sheriff. The appropriate officials shall make arrangements and necessary adjustments in their contributions or premiums to the State Accident Fund or other insurers as the fund or insurers determine necessary to provide compensation for county or municipal prisoners in appropriate cases. The provisions of this section permit workers' compensation coverage only to county or municipal prisoners performing work assigned by officials of the county or municipality or engaged in a vocational training program and, further, apply to these prisoners regardless of the length of the sentence to be served.

For the purposes of this section, when a county or municipality elects to cover its prisoners with workers' compensation benefits, the coverage also includes: (a) those prisoners who have been sentenced to the Department of Corrections and who are assigned to a county or municipality, and (b) those prisoners who have been sentenced to the Department of Corrections and who are being used for public service work or related activities while being supervised by the county or municipality."

Average weekly wage for municipal prisoners

SECTION    2.    The last paragraph of Section 42-7-65 of the 1976 Code, as last amended by an act of 2005 bearing ratification no. 94, is further amended to read:

"The average weekly wage for inmates of the State Department of Corrections as defined in Section 42-1-480 is forty dollars a week. The average weekly wage for county and municipal prisoners is forty dollars a week. The average weekly wage for students of high schools, state technical schools, and state-supported colleges and universities while engaged in work study, marketing education, or apprentice programs on the premises of private companies or while engaged in the Tech Prep or other structured school-to-work programs on the premises of a sponsoring employer is fifty percent of the average weekly wage in the State for the preceding fiscal year."

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 26th day of May, 2005.

Approved the 1st day of June, 2005.

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